St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-01-13

III, ny vi the senate. and the resolution pro-
s" Gu ior the appointment of committee
% .Mo 10 escort him to the chair The pre-
o ..ni'o ana resolution were rejected by
parry Vote. Presiding Officer Smith not vot
l,s' senator Winter, of the minority, will
ilie protest, claiming that further oecu-
p"hcy Oh the chair by Senator Smith is re-
s aiueu as uSurpation of authority. and this
WIN probably tend to bolt. During the
mug session of the senate the papers in
I III contest OF seats occupied by Messrs.
harness, Kennedy. Mcdonald and Shroyer
lhepuDllcans), and Mcclure (Democrat)
were reIerred to the committee on elections.
Aiter the rejection of Senator brakes
.esolutioh Senator Campbell presented to
the senate
LIEUT.. GOV. RoBERTsoN's CLAIM
III Writlhg to the Office of the presidency of
the senate as lieutenant governor. and it
was read for information. 1t is as follows:
indianapolis, Ind, Jan. ITO the Indiana
Selale. gentlemen: / have the honor to in
FORM you that, having taken the oath of
once winch is here attached, am in posses
sion OF the office of lieutenant governor of
tue senate OF Indiana; am able to attend your
sessions and ready to enter upon the consti-
Cutional functions prescribed in section of
arucle OF the state constitution. to-wit: to
pe president OF the senate, with all the rights
ana duties I'D said section provided that you
nave IN my judgne wrongfuliy excluded
ano prevented me from exerc sing that func-
uion OF DUTY of nv Office Against this, your
actlon, do hereby most earnestly protest
ana demonstrate and respectfully demand my
rights. r. s ROBERTSON
Lieutenant Governor.
A copy of the oath of Office. which had
been administered by Judge Walker. was
attached. A motion to reject prevailed by
party vote. Senator Winter announced
that the Republican minority would con-
slider Col. Robertson as lieutenant governor
and Senator Smith as a usurper maintaining
the Office OF president of the senate, and the
latter invited Senator Winter to test the
matter lii the courts. At a late hour Presi-
dent Pro TEN Smith filed
QUO wARRANTo PROCEEDINGS
against the lieutenant governor elect. The
papers were filed in the Marion county
circuit court, and the hearing will begin be-
fore Judge Ayres at O'Clock tomorrow
morning. The complaint sets forth Smiths
election in 1884 as a member of the senate;
was elected as president of the senate in
1880; that III 1887 he was recognized by the
senate as president thereof. and suisse
quently was lawfully elected president of
the body; that he is in actual possession
and discharge of the duties of the position.
The complaint then recites the fact of the
election OF Gen. Manson as lieutenant gov
ernor in 1884, his acceptance and occupancy
OF a federal Office, and states the plaintiff.
by virtue of his Office as president of the
senate, succeeded to tile discharge of the
duties of lieutenant governor, OF which
office he claims to be in rightful possession.
The complaint then goes on to claim that
the election for lieutenant governor in 1886
was void, for the reason that there was no
vacancy in that Office. The complaint
closes by praying that an injunction be
granted against Robertson until final
hearing of the case, restraining
him from intruding or attempting
of lieutenant governor or performing any of
the duties of the office, and on final hearing
the relator prays for Judgment of custer
against Robertson.
JUDGE AYRES,
before whom the complaint was filed. is the
judge who held that his court had no
jurisdiction when Smith sought to restrain
the secretary of state from transmitting the
result of the vote for lieutenant governor to
the speaker of the house. which ruling was
sustained by the supreme coutt. A speedy
decision of the present case is expected.
The anticipated protest of the Republican
minority against the senate's refusal to
recognize Lieut.. Gov. RobertSon's demand
was not made this afternoon and IN view of
the actron of Presiding Officer Smith, it is
not definitely settled whether it will be
ma de-